Out of state person selling Handgun in PA

**idontevencare** · November 13th, 2008, 09:29 PM

A 'friend' inheirted some old pistols (60-70 years) for which he has no paperwork for. He lives in NY state and doesnt want to be outside the law owning them unregistered.

Can he bring them to PA and sell them to a gun shop himself ? or
does he need to bring someone from PA to the shop with him and have them sell them? -

if so is it a big favor to ask someone to do or it just a formality - he doesnt want to get his PA friend in trouble for helping him to sell them - but would rather sell them for something then simply turn them in under some amnesty program.

Many thanks for any advice.

**justsayno** · November 13th, 2008, 09:42 PM

the handguns allways have to go to the state they are being sold in , meaning if you have a pa buyer, it has to go through the pa FFL dealer.. Check nra website for a confirm on what I just said.. The willing (selling) gunshop will be happy to assist usually..

**Legion_Prime** · November 14th, 2008, 08:23 AM

I bought a pistol from a friend from out of state recently. We went to a PA dealer, did the paperwork no muss no fuss. That's all that's needed in PA.

**ChamberedRound** · November 14th, 2008, 02:33 PM

There were some suggestions made here which didn't seem kosher to me, and those posts have been removed. In addition, I'm closing this thread. We DO NOT condone or support illegal activity of any kind here, and the legality of these suggestions were dubious at best.

IANAL, but here's my take on the scenario described by the original poster:

- All state-to-state transfers of any kind of firearms have to happen with an FFL in the destination state ([18 U.S.C. 922(a)(3) and 922(b)(3)]).

- It's likely that the validity or legality of one's ownership of the pistols must not be in question prior to any sale. If it is, any reputable FFL(s) will not perform the transaction, as they could put their license(s) in jeopardy. In addition, the buyer and seller could be in violation of a number of state and federal laws for acting in a straw purchase.

- With the exception of NFA/GCA controlled items like machineguns, determining the validity or legality of such ownership will vary from state to state.

Hope it helps, and make sure your "friend" does his homework on NY firearms law, lest he find himself in a lot of trouble.